A person may not: (1) sell or offer for sale a product represented to be authentic Indian arts and crafts unless the product is in fact authentic Indian arts and crafts; (2) sell or offer for sale any authentic Indian arts and crafts or nonauthentic Indian arts and crafts represented to be made of silver unless the product is made of coin silver or sterling silver; (3) sell or offer for sale a product that is nonauthentic Indian arts and crafts unless the product is clearly labeled as to any characteristics that make it nonauthentic; (4) sell or offer for sale any turquoise, mounted or unmounted, without a disclosure of the true nature of the turquoise; or. 2.01, eff. Aug. 27, 1979. IDENTIFICATION, POSSESSION, AND USE OF CERTAIN CONTAINERS. 17.901. 9, eff. Sec. September 1, 2017. MISUSING DAIRY CONTAINER BEARING PROPRIETARY MARK. REQUIRED DISCLOSURE FOR COLLECTIONS THROUGH PUBLIC RECEPTACLE. Bus. 216, Sec. SALE OF NONHALAL FOOD. Unfair and deceptive trade names; use of term "wholesale" in advertising. (4) "Product" means a good, a service, or intangible property of any kind. (h) This section does not apply to an action brought by the attorney general under Section 17.47. If the person transacts business in more than one county, the petition shall be filed in the county in which the person maintains his principal place of business, or in another county agreed on by the parties to the petition. 45(a)(1)]. 5, eff. 4, eff. 3167), Sec. & C. Code Sec. In this subchapter: (1) "American Indian" or "Indian" means an individual who is an enrolled member of a federally or state recognized American Indian tribe, band, nation, rancheria, or pueblo or who is an Alaska Native and a member of an Alaska Native village or regional or village corporation as defined in or established under the Alaska Native Claims Settlement Act (43 U.S.C. 595 (H.B. DEFINITIONS. WebCheatham, Norwood and Peterson d/b/a Cheatham-Norwood-Peterson Investments brought a Deceptive Trade Practices-Consumer Protection Act (hereafter referred to as DTPA) action against Stewart Title Guaranty Company and obtained judgment based on the failure of a title insurance policy to reveal the ex DEFINITIONS. Added by Acts 1973, 63rd Leg., p. 322, ch. WebSection 12: Texas Deceptive Trade Practices and Consumer Protection Act Term 1 / 69 In order for a claim of misrepresentation to stand up, it requires four elements. The Consumer Protection Division works to protect Texas consumers and the legitimate business and charitable nonprofit communities by investigating breaches of fiduciary duties, fraud, misrepresentations, and deceptive advertising; filing civil lawsuits to enforce state and federal consumer protection and charitable trust laws; and educating Added by Acts 1973, 63rd Leg., p. 322, ch. Sec. Renumbered from Bus. 360, Sec. The Act, enacted in 1973, defends consumers against 776), Sec. 1, eff. Sept. 1, 1985; Acts 1993, 73rd Leg., ch. 27, eff. 3, eff. (13) "Intentionally" means actual awareness of the falsity, deception, or unfairness of the act or practice, or the condition, defect, or failure constituting a breach of warranty giving rise to the consumer's claim, coupled with the specific intent that the consumer act in detrimental reliance on the falsity or deception or in detrimental ignorance of the unfairness. Sec. 1, eff. WebThe Federal Trade Commission (FTC) is an independent agency of the United States government whose principal mission is the enforcement of civil (non-criminal) antitrust law and the promotion of consumer protection.The FTC shares jurisdiction over federal civil antitrust enforcement with the Department of Justice Antitrust Division.The agency is (h) A person who violates Section 17.46(b)(26) is jointly and severally liable under that subdivision for actual damages, court costs, and attorney's fees. Sept. 1, 1995. (b) Each person selling or offering for sale turquoise shall request the suppliers of the turquoise to disclose the true nature of the turquoise. 1, eff. Sept. 1, 1989; Acts 1995, 74th Leg., ch. (h) In bringing or participating in an action under this subchapter, the consumer protection division acts in the name of the state and does not establish an attorney-client relationship with another person, including a person to whom the consumer protection division requests that the court award relief. (4) "State function" means a state governmental activity authorized or required by law. (3) "Nonauthentic Indian arts and crafts" means any product that is made to imitate or resemble authentic Indian arts and crafts and that: (B) is made by machine or from unnatural materials, except stabilized or treated turquoise. Added by Acts 1973, 63rd Leg., p. 322, ch. Each licensee shall display the license in a conspicuous manner in the licensee's office or place of business. Sec. Sec. Amended by Acts 1977, 65th Leg., p. 604, ch. May 21, 1973. (b) If a person fails to comply with a directive of the consumer protection division under Section 17.60 of this subchapter or with a civil investigative demand for documentary material served on him under Section 17.61 of this subchapter, or if satisfactory copying or reproduction of the material cannot be done and the person refuses to surrender the material, the consumer protection division may file in the district court in the county in which the person resides, is found, or transacts business, and serve on the person, a petition for an order of the court for enforcement of Sections 17.60 and 17.61 of this subchapter. (B) has a legal right to use or operate under the group's name without abandoning the name or affiliation with the group. (7) "Turquoise" means a hydrous copper sulphate containing aluminum salts plus iron. 216, Sec. Acts 2017, 85th Leg., R.S., Ch. 143, Sec. 727 East Dean Keeton St. Austin, Texas 78705 (512) 471-5151. (c) A waiver under this section must be: (1) conspicuous and in bold-face type of at least 10 points in size; (2) identified by the heading "Waiver of Consumer Rights," or words of similar meaning; and. 2, 3, eff. 1152), Sec. 1, eff. Added by Acts 1979, 66th Leg., p. 1332, ch. UNCONSCIONABLE PRICE FOR CARE AT EMERGENCY FACILITY. 17.823. A person against whom an action has been brought under this subchapter may seek contribution or indemnity from one who, under the statute law or at common law, may have liability for the damaging event of which the consumer complains. (c) A civil investigative demand may contain a requirement or disclosure of documentary material which would be discoverable under the Texas Rules of Civil Procedure. The attorney general may bring an action to enjoin a violation of this subchapter. (17) "Building materials" includes lumber, windows, and other materials used in the construction or repair of improvements to real property. (1) a publisher of a telephone directory or other publication or a provider of a directory assistance service publishing or providing information about another business; (2) an Internet website that aggregates and provides information about other businesses; (3) an owner or publisher of a print medium providing information about other businesses; (5) an Internet service that displays or distributes advertisements for other businesses. Sec. September 1, 2007. SUBCHAPTER D. COUNTERFEITING OR CHANGING A REQUIRED MARK; MISUSE OF CONTAINER BEARING MARK. (4) "Public donations receptacle" means a large container or bin in a parking lot or public place that is intended for use as a collection point for clothing or household goods donated by the public. 6, eff. May 21, 1973. 414, Sec. 2573), Sec. & Com. (a) If a person sells both kosher meat and nonkosher meat in the same retail store, the person shall clearly label each portion of kosher meat with the word "kosher." Acts 2015, 84th Leg., R.S., Ch. (b) In asserting a defense under Subdivision (1), (2), or (3) of Subsection (a) of Section 17.506 above, the defendant shall prove the written information was a producing cause of the alleged damage. May 21, 1973. Code 17.41 et seq., protects consumers against false, misleading, or deceptive trade practices, including LISTING OF BUSINESS LOCATION OF CERTAIN BUSINESSES. (e) The fact that a consumer has signed a waiver under this section is not a defense to an action brought by the attorney general under Section 17.47. Texas Deceptive Trade Practices Consumer Protection Act Guidelines. Aug. 29, 1983; Acts 1987, 70th Leg., ch. Sec. (2) ending on the 30th day after the date the disaster declaration expires or is terminated. 17.55. 17.86. (9) "Knowingly" means actual awareness, at the time of the act or practice complained of, of the falsity, deception, or unfairness of the act or practice giving rise to the consumer's claim or, in an action brought under Subdivision (2) of Subsection (a) of Section 17.50, actual awareness of the act, practice, condition, defect, or failure constituting the breach of warranty, but actual awareness may be inferred where objective manifestations indicate that a person acted with actual awareness. 1, eff. 10+ years of experience. DEFINITION. The Colorado Consumer Protection Act (PDF) identifies certain business practices that are considered deceptive, outlining civil and criminal penalties for violations and related trade regulations. (10) "Treated turquoise" means turquoise, excluding any backing material, that has been altered to produce a change in the coloration of the natural mineral. September 1, 2017. 143, Sec. 2573), Sec. Sept. 1, 1987. 117, Sec. (e) The application fee for a license under this section is $35. 17.42. (a) Any person who, with intent to avoid, evade, or prevent compliance, in whole or in part, with Section 17.60 or 17.61 of this subchapter, removes from any place, conceals, withholds, or destroys, mutilates, alters, or by any other means falsifies any documentary material or merchandise or sample of merchandise is guilty of a misdemeanor and on conviction is punishable by a fine of not more than $5,000 or by confinement in the county jail for not more than one year, or both. 414, Sec. Acts 2011, 82nd Leg., R.S., Ch. Added by Acts 1989, 71st Leg., ch. A district or county attorney may institute a suit described by this section on or after the 90th day after the date the attorney general receives the notice required by Section 17.48 unless before the 90th day after the date the notice is received the attorney general responds that it is actively investigating or litigating at least one of the alleged violations set forth in the notice. (11) "Economic damages" means compensatory damages for pecuniary loss, including costs of repair and replacement. The original inventory must be accompanied by a filing fee of $20. 17.954. Added by Acts 2019, 86th Leg., R.S., Ch. The provisions of this subchapter do apply to any act or practice prohibited or not specifically authorized by a rule or regulation of the Federal Trade Commission. During the 60-day period a written request to inspect, in a reasonable manner and at a reasonable time and place, the goods that are the subject of the consumer's action or claim may be presented to the consumer. The clerk of a district court at the request of any party to a suit pending in his court which is brought under this subchapter shall issue a subpoena for any witness or witnesses who may be represented to reside within 100 miles of the courthouse of the county in which the suit is pending or who may be found within such distance at the time of trial. Sept. 1, 1967. Jan. 1, 1991; Acts 1991, 72nd Leg., ch. 1, eff. (2) substitute on a dairy container his proprietary mark for that of the owner. 5 (2d ed. Sept. 1, 1967. 11.20, eff. Added by Acts 2007, 80th Leg., R.S., Ch. Sec. 17.01. 17.883. Sec. ENFORCEMENT BY ATTORNEY GENERAL; INJUNCTION AND CIVIL PENALTY. (e) Unless both parts of an offer of settlement required under Subsection (d) are accepted by the consumer not later than the 30th day after the date the offer is made, the offer is rejected. 1082, Sec. 17.884. Acts 2015, 84th Leg., R.S., Ch. Amended by Acts 1981, 67th Leg., p. 863, ch. 1, eff. 17.63. Private Use of State Seal 17.11. (h) Notwithstanding any other provision of this subchapter, if a claimant is granted the right to bring a cause of action under this subchapter by another law, the claimant is not limited to recovery of economic damages only, but may recover any actual damages incurred by the claimant, without regard to whether the conduct of the defendant was committed intentionally. 62, Sec. Sept. 1, 1987. The order shall limit the duration of the receivership to such time as the judgment or judgments awarded under this subchapter are paid in full. This e-book provides important information, Sept. 1, 1991. 1, eff. 883, Sec. (a) A person may not send to an end user located or doing business in this state a written or electronic communication that is a bad faith claim of patent infringement. (b) An action brought under Subsection (a) of this section which alleges a claim to relief under this section may be commenced in the district court of the county in which the person against whom it is brought resides, has his principal place of business, has done business, or in the district court of the county where the transaction occurred, or, on the consent of the parties, in a district court of Travis County. Donations will be sold for profit by (name of for-profit entity or individual) and a flat fee of (insert amount) is paid to (name of charitable organization).". 1, eff. Sec. (e) Any person who violates the terms of an injunction under this section shall forfeit and pay to the state a civil penalty of not more than $10,000 per violation, not to exceed $50,000. (g) Nothing in this subchapter shall apply to a cause of action arising from a transaction, a project, or a set of transactions relating to the same project, involving total consideration by the consumer of more than $500,000, other than a cause of action involving a consumer's residence. 1, eff. (b) If none of the proceeds from the sale of the donated items will be given to a charitable organization, the solicitor must state: (c) If any of the proceeds from the sale of the donated items will be given to a charitable organization, the solicitor must state: "DONATIONS TO (NAME OF FOR-PROFIT ENTITY OR INDIVIDUAL) WILL BE SOLD FOR PROFIT AND ____ PERCENT (INSERT PERCENTAGE) OF ALL PROCEEDS WILL BE DONATED TO (NAME OF CHARITABLE ORGANIZATION).". 17.824. INQUIRY AS TO PRODUCER. 2427), Sec. The full text can be found starting at section 17.41 of the Texas Business and Commerce Code. (d) Service of any demand may be made by: (1) delivering a duly executed copy of the demand to the person to be served or to a partner or to any officer or agent authorized by appointment or by law to receive service of process on behalf of that person; (2) delivering a duly executed copy of the demand to the principal place of business in the state of the person to be served; (3) mailing by registered mail or certified mail a duly executed copy of the demand addressed to the person to be served at the principal place of business in this state, or if the person has no place of business in this state, to his principal office or place of business. (2) In construing this subchapter the court shall not be prohibited from considering relevant and pertinent decisions of courts in other jurisdictions. May 21, 1973. (a) Each person selling or offering for sale authentic or nonauthentic Indian arts and crafts shall request the suppliers of those arts and crafts to disclose the methods used in producing those arts and crafts and to determine whether those arts and crafts are in fact authentic Indian arts and crafts. REPORTS AND EXAMINATIONS. 989), Sec. 1, eff. 2, eff. 8, eff. NOTICE; INSPECTION. 17.57. Renumbered from Bus. 1, eff. If you have been misled or deceived in a commercial transaction, the Texas consumer fraud attorneys at Tauler Smith LLP can help you file a DTPA claim. PERMIT. Sec. 17.44. Representation of eligibility to win a prize.iii The Act gives consumers a way to sue September 1, 2019. Added by Acts 1985, 69th Leg., ch. 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